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U.S. Code as of:
01/19/04
Section 9508. Leaking Underground Storage Tank Trust Fund
(a) Creation of Trust Fund
There is established in the Treasury of the United States a trust
fund to be known as the "Leaking Underground Storage Tank Trust
Fund", consisting of such amounts as may be appropriated or
credited to such Trust Fund as provided in this section or section
9602(b).
(b) Transfers to Trust Fund
There are hereby appropriated to the Leaking Underground Storage
Tank Trust Fund amounts equivalent to -
(1) taxes received in the Treasury under section 4041(d)
(relating to additional taxes on motor fuels),
(2) taxes received in the Treasury under section 4081 (relating
to tax on gasoline, diesel fuel, and kerosene) to the extent
attributable to the Leaking Underground Storage Tank Trust Fund
financing rate under such section,
(3) taxes received in the Treasury under section 4091 (relating
to tax on aviation fuel) to the extent attributable to the
Leaking Underground Storage Tank Trust Fund financing rate under
such section,
(4) taxes received in the Treasury under section 4042 (relating
to tax on fuel used in commercial transportation on inland
waterways) to the extent attributable to the Leaking Underground
Storage Tank Trust Fund financing rate under such section, and
(5) amounts received in the Treasury and collected under
section 9003(h)(6) of the Solid Waste Disposal Act.
For purposes of this subsection, there shall not be taken into
account the taxes imposed by sections 4041 and 4081 on diesel fuel
sold for use or used as fuel in a diesel-powered boat.
(c) Expenditures
(1) In general
Except as provided in paragraph (2), amounts in the Leaking
Underground Storage Tank Trust Fund shall be available, as
provided in appropriation Acts, only for purposes of making
expenditures to carry out section 9003(h) of the Solid Waste
Disposal Act as in effect on the date of the enactment of the
Superfund Amendments and Reauthorization Act of 1986.
(2) Transfers from Trust Fund for certain repayments and credits
(A) In general
The Secretary shall pay from time to time from the Leaking
Underground Storage Tank Trust Fund into the general fund of
the Treasury amounts equivalent to -
(i) amounts paid under -
(I) section 6420 (relating to amounts paid in respect of
gasoline used on farms),
(II) section 6421 (relating to amounts paid in respect of
gasoline used for certain nonhighway purposes or by local
transit systems), and
(III) section 6427 (relating to fuels not used for
taxable purposes), and
(ii) credits allowed under section 34,
with respect to the taxes imposed by section 4041(d) or by
sections 4081 and 4091 (to the extent attributable to the
Leaking Underground Storage Tank Trust Fund financing rate
under such sections).
(B) Transfers based on estimates
Transfers under subparagraph (A) shall be made on the basis
of estimates by the Secretary, and proper adjustments shall be
made in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(d) Liability of the United States limited to amount in Trust Fund
(1) General rule
Any claim filed against the Leaking Underground Storage Tank
Trust Fund may be paid only out of such Trust Fund.
(2) Coordination with other provisions
Nothing in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or the Superfund
Amendments and Reauthorization Act of 1986 (or in any amendment
made by either of such Acts) shall authorize the payment by the
United States Government of any amount with respect to any such
claim out of any source other than the Leaking Underground
Storage Tank Trust Fund.
(3) Order in which unpaid claims are to be paid
If at any time the Leaking Underground Storage Tank Trust Fund
has insufficient funds to pay all of the claims out of such Trust
Fund at such time, such claims shall, to the extent permitted
under paragraph (1), be paid in full in the order in which they
were finally determined.
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